On Amendments And Additions To The Federal Act "on State Regulation Of Tariffs For Electricity And Thermal Energy In The Russian Federation"

Original Language Title: О внесении изменений и дополнений в Федеральный закон "О государственном регулировании тарифов на электрическую и тепловую энергию в Российской Федерации"

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RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to the Federal Act "on State regulation of tariffs for electricity and thermal energy in the Russian Federation" adopted by the State Duma on February 21, 2003 the year approved by the Federation Council March 12, 2003 year Article 1. To amend the Federal law of April 14, 1995 N 41-FZ "on State regulation of tariffs for electricity and thermal energy in the Russian Federation" (collection of laws of the Russian Federation, 1995, N 16, art. 1316; 1999, N 7, art. 880; 2003, N 2, art. 158) the following amendments and supplements: 1. In the second paragraph of article 1 the words "(hereinafter-tariffs)" should be deleted.
2. In article 2: first part shall be reworded as follows: "State regulation of tariffs for electricity and thermal energy (power) (hereinafter also-tariffs) is carried out on the basis of the principles set forth in the present Federal law, through the establishment of economically justified tariffs (prices, fees) for electrical and thermal energy and (or) their threshold levels.";
to complement the new part 2 to read as follows: "validity established tariffs and (or) their limits may not be less than one year.";
part of the second-quarter take respectively parts of the third-fifth;
Supplement parts of sixth to tenth the following lines: "in case of exceeding the size set by the executive bodies of subjects of the Russian Federation of prices (tariffs) for the electrical energy supplied to the population for services of natural monopolies, in excess of the established Government of the Russian Federation limits the additional costs to consumers financed from the budgets of the respective levels, and costs associated with payment of additional subsidies to the population, bear the consolidated budgets of the constituent entities of the Russian Federation.
Regulation of tariffs for electricity and heat bodies of governmental regulation takes into account the cost of energy supplying organizations, including the cost of providing working capital, proceeding from the order of payment for electricity and heat.
Payment of electricity and thermal energy is produced is actually adopted by the consumer of electrical and thermal energy, in line with the accounting data of electric and thermal energy, unless otherwise stipulated in the Federal law, other legal acts or agreement of the parties.
If not stipulated otherwise by agreement of the parties, payment for electrical energy is produced by consumers before the 15th of the month.
State regulation of tariffs can be held separately in respect of electrical energy supplied to the population within the social norm of consumption and beyond social norm consumption. ";
part of fifth considered part of eleventh and present it as follows: "when setting for individual consumers preferential tariffs for electricity and heat, which is carried out in accordance with this federal law, raising tariffs on electricity and thermal energy for other users is not allowed.".
3. In the first subparagraph of article 3, the words "due to natural monopoly utility organizations and" should be deleted.
4. Article 4: second paragraph worded as follows: "the balance of economic interests of suppliers and consumers of electrical and thermal energy based on the availability of these kinds of energy and with a view to ensuring an economically justified profitability of the investment capital invested in the production and transmission of electrical energy and heat and movement activities in the power management";
the fourth paragraph shall be reworded as follows: "openness and accessibility for consumers, including population, information about examination and approval of tariffs in accordance with the standards of disclosure established by the Government of the Russian Federation and be bound by the publication of the information disclosed in the official media, in which, in accordance with federal laws and laws of constituent entities of the Russian Federation published official materials of State power bodies;".
5. Article 5-7 shall be amended as follows: "article 5. Authority of federal bodies of executive power in the field of State regulation of tariffs in the field of State regulation of tariffs, the Government of the Russian Federation or the Federal Executive authority for regulation of natural monopolies: maintains regulatory and methodical basis for the activities of the executive bodies in the field of State regulation of tariffs;
sets the basics of pricing of electrical and thermal energy in the territory of the Russian Federation, including the procedure for determining the prices of electrical energy sold on the wholesale market of electric energy (power) on regulated prices, taking into account regional peculiarities of formation of tariffs for wholesale market;
approve the rules of State regulation and the application of tariffs on electrical and thermal energy;
defines the order of consideration of dispute arising between the authorities of the Executive power of the constituent entities of the Russian Federation, organizations conducting regulated activities, and consumers, as well as the size and order of the fee paid when applying for consideration of these differences;
establishes the procedure for determining the fees for connection to electrical networks;
establishes criteria for determining electricity producers eligible for its sale at unregulated prices;
develops and maintains a common classification system and separate cost accounting by activity energy supplying organizations, as well as the reporting system provided by the Federal Executive authority for regulation of natural monopolies;
defines the limits and procedure for sale of fixed prices of electric energy (power) on the wholesale market of electric energy (power);
generates a consolidated forecast balance of production and supply of electric energy (power) within the framework of the unified energy system of Russia on the subjects of the Russian Federation in view of the forecast fuel mix, trends in energy development for the needs of housing and communal services, features of the importation of the products (goods) in areas with limited terms of its contamination and other factors;
monitors the use of investment resources to be included in the tariffs regulated by the State;
determines the list of services on the Organization of functioning and development of unified energy system of Russia, sets the size of the subscription fee for these services and determines the procedure for their payment;
sets tariffs for services on the Organization of the trading system of the wholesale electricity market (power);
sets the prices (tariffs) for services to ensure system reliability;
sets a fee for connection to electrical networks;
sets the tariffs for electric energy transmission services and their limit (minimum and/or maximum) levels in the manner prescribed by this federal law;
sets tariffs for services on operational and management control in electric power industry;
sets the tariffs or their limit (minimum and/or maximum) levels for electricity sold in the wholesale market of producers of electric energy (power), except for the sale of their electrical energy on unregulated prices and in a manner that shall be established by the Government of the Russian Federation;
sets the threshold (the minimum and/or maximum) levels of prices for electricity sold in the wholesale market of producers of electric energy (power) on unregulated rates, in the cases and in the manner which shall be established by the Government of the Russian Federation;
determines the amount of security needed to ensure the functioning and development of the nuclear power plants means covered in fixing tariffs or their threshold (the minimum and/or maximum) levels on electrical energy sold on the wholesale market of electric energy (power) producers-the owners of these nuclear power plants;
sets the threshold (the minimum and/or maximum) levels of tariffs for electrical energy supplied ènergosnabžaûŝimi organizations to consumers, including electricity sold by unregulated prices;
sets the threshold (the minimum and/or maximum) tariff levels on thermal energy produced by the power plants operating in cogeneration mode producing electricity and heat;
considers the disagreements between the Executive power of the constituent entities of the Russian Federation in the field of State regulation of tariffs, organizations conducting regulated activities, and consumers and takes decisions binding;

monitors the application of the state regulated prices (tariffs) and conducts inspection of economic activities of organizations active in the field of pricing regulated, in part the validity of values and proper application of prices (tariffs).
The Government of the Russian Federation defines the scope of authority of a federal body of executive power on regulation of natural monopolies within the powers defined in this article, as well as other federal laws.
Article 6. The powers of the executive authorities of the constituent entities of the Russian Federation in the field of State regulation of tariffs of the executive authorities of the constituent entities of the Russian Federation in the field of State regulation of tariffs shall have the following powers: establish tariffs for electrical energy transmission services by distribution networks within the Federal Executive authority for regulation of natural monopolies limit (minimum and/or maximum) levels of tariffs for services for the transfer of electrical energy distribution networks as well as tariffs for services for the transfer of heat energy;
establish sales allowances suppliers of electrical energy;
establish tariffs for the heat, with the exception of tariffs for heat produced by power stations operating in cogeneration mode producing electricity and heat;
establish tariffs for the heat produced by power stations operating in cogeneration mode producing electricity and heat energy, within the framework established by the Federal Executive authority for regulation of natural monopolies limit (minimum and/or maximum) tariff levels on thermal energy produced by the power plants operating in cogeneration mode producing electricity and heat;
establish tariffs for electrical energy supplied ènergosnabžaûŝimi organizations to consumers, within the established Federal Agency for regulation of natural monopolies limit (minimum and/or maximum) tariff levels, except for the electric power sold by unregulated prices;
monitor the application of their regulated prices (tariffs) and validation of the economic activities of organizations active in the field of pricing regulated, in part the validity of values and proper application of the above rates (tariffs);
participate in the formation of a consolidated forecast balance of production and supply of electric energy (power) within the unified energy system of Russia on the subjects of the Russian Federation.
Regulation of these tariffs is carried out in accordance with the fundamentals of pricing of electrical and thermal energy in the territory of the Russian Federation rules state regulation and the use of tariffs for electricity and heat and other normative legal acts and guidelines approved by the Government of the Russian Federation or the Federal Executive authority for regulation of natural monopolies. The decision of the executive body of a constituent entity of the Russian Federation in the field of State regulation of tariffs in excess of authority, installed the specified normative legal acts shall be subject to cancellation in the manner prescribed by the Government of the Russian Federation.
The Executive authority of the Russian Federation, which implements State regulation of tariffs in accordance with this federal law, is a legal entity.
Appointment and dismissal of the head of the Executive authority of the Russian Federation in the field of State regulation of tariffs are carried out in consultation with the Federal Executive Body for regulation of natural monopolies.
The Executive authority of the Russian Federation in the field of State regulation of tariffs as agreed upon with an appropriate body of local self-government may send local governments the authority to State regulation of tariffs for heat energy (excluding manufactured power plants operating in cogeneration mode producing electricity and heat), selling directly to the sources of thermal energy, ensuring the supply of heat energy consumers located in the territory of one municipality.
The decision of the local authority, adopted pursuant to the referred to it in accordance with this article and the authority is contrary to the legislation of the Russian Federation on electricity or accepted in excess of the competence, be cancelled by the relevant executive authority of the Russian Federation in the manner prescribed by the Government of the Russian Federation.
Article 7. Financing of the federal body of executive power on regulation of natural monopolies and the executive authorities of the constituent entities of the Russian Federation in the field of State regulation of tariffs of the Financing of the federal body of executive power on regulation of natural monopolies and the executive authorities of the constituent entities of the Russian Federation in the field of State regulation of tariffs is carried out at the expense of the funds foreseen for this purpose are, respectively, the federal budget and the budgets of the constituent entities of the Russian Federation.
The cost of maintaining a federal body of executive power on regulation of natural monopolies and the executive authorities of the constituent entities of the Russian Federation in the field of State regulation of tariffs are manufactured by means of deductions provided for in the structure of prices (tariffs) for the products (services) of organizations conducting regulated activities order determined respectively by the Government of the Russian Federation and constituent entities of the Russian Federation. "
6. Article 8-15 should be deleted.
Article 2. This federal law shall enter into force on the day of its official publication and is valid until the date of entry into force in its entirety of the Federal law "on electric power industry".
The President of the Russian Federation v. Putin Moscow, Kremlin March 26, 2003 N 38-FZ

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